The Church of England Pensions Regulations 1988

Entitlement to pension on grounds of infirmity

7.—(1) A scheme member shall not be entitled to receive a pension under these regulations on the ground that he has become incapable through infirmity of performing the duties of his office, or that, having ceased to perform pensionable service before attaining the retiring age, he has become incapable through infirmity of performing pensionable service, unless the Board are satisfied, after considering medical evidence and such other evidence as is in their opinion necessary, that the scheme member is so incapable and that the infirmity is likely to be permanent.

(2) A decision of the Board under paragraph (1) above entitling a scheme member to a pension on the ground that he has become incapable through infirmity of performing the duties of his office or of performing pensionable service shall be made subject to a condition that further medical evidence may be subsequently required by the Board from time to time as they may direct.

(3) If a scheme member fails to comply with a condition imposed under paragraph (2) above or if the Board are satisfied after considering further medical evidence that the scheme member has become capable of performing pensionable service, the Board may suspend or reduce the pension, as they think fit.

(4) A scheme member who is dissatisfied with—

(a) a decision of the Board under paragraph (1) above that he has not become incapable as mentioned in that paragraph or that the infirmity is not likely to be permanent, or

(b) a decision of the Board under paragraph (3) above to suspend or reduce the pension,

may appeal therefrom to a board of two or more referees appointed by the Board as suitable persons to consider that appeal, and the decision of the board so appointed shall be final.

(5) Where a pension is suspended or reduced under paragraph (3) above and subsequently the Board are satisfied after considering further medical evidence that the scheme member is incapable of performing pensionable service, the member shall be deemed to have retired again, and regulation 9(2) below shall apply as it applies on the second retirement of a scheme member whose pension is suspended or reduced under that regulation.